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MORGAN v. MORGENSEN

No. 04-35608.

465 F.3d 1041 (2006)

Steven M. MORGAN, Plaintiff-Appellee, v. Eric MORGENSEN, Defendant, and Tom Canady, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2006.

As Amended on Denial of Rehearing and Rehearing En Banc November 30, 2006.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General; John C. Dittman (argued), Assistant Attorney General, Olympia, WA, for the appellant.

Timothy K. Ford (argued), Katrin E. Frank, Cristobal Joshua Alex, Seattle, WA, for the appellee.

Before REINHARDT, McKEOWN, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge.

Plaintiff Steven Morgan, a Washington prisoner, was injured by a defective printing press while working at a prison job for which he had voluntarily applied. Morgan alleges that he told his supervisor, Defendant Tom Canady, about the problem, but that Canady forced Morgan to keep working. Morgan brought a complaint under 42 U.S.C. § 1983, alleging that the requirement to continue working under those circumstances violated his Eighth and...

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